Sec. 82-276. Suspension of discharges to municipal separate storm sewer system.
(a)   Suspension due to illicit discharges in emergency situations. The city may, without prior notice, suspend municipal separate storm sewer system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the municipal separate storm sewer system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize the damage to the municipal separate storm sewer system or waters of the United States, or to minimize danger to persons.
(b)    Suspension due to detection of illicit discharge. Any person discharging to the municipal separate storm sewer system in violation of this article may have their municipal separate storm sewer system access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its access to the municipal separate storm sewer system. The violator may petition the authority for reconsideration.
(c)   Appeal. Any person who is aggrieved by a decision of the authority to suspend or terminate access to the municipal separate storm sewer system may appeal such decision to the Mason building code board of appeals pursuant to the rules and procedures established by the Board, provided that a written application for appeal is filed within 20 days of the decision or order of the authority. A timely appeal to the board of appeals shall stay any order of suspension other than a suspension under subsection (a) of this section until a final decision of the board.
(d)    A person who reinstates a municipal separate storm sewer system access to premises terminated pursuant to this section without the prior approval of the city shall be guilty of a misdemeanor and punished as provided in section 1-8(e) of this code.
(Ord. No. 158, 2-5-2007)